- (1.) FOLLOWING three prayers have been made in this writ peti tion: " (i) issue a writ or prohibition restraining the respondent No. 7 from holding or proceed ing with any investigation of Crime No. 485-A of 1994,p. S. Kotwali, Fatehpur; (ii) issue a writ of mandamus, command ing the respondent No. 7 not to investigate the case of the Crime No. 485-A of 1994, P. S. Kot-wali, Fatehpur and to return the papers to the Court of the Chief Judicial Magistrate, Fateh pur; (iii) issue a writ of mandamus or direction in the said nature commanding the Central Bureau of Investigation, New Delhi to inves tigate into the case of Crime No. 485-A of 1994, P. S. Kotwali, Fatehpur. "
(2.) THE main thrust of the submission of Sri S. C. Tyagi, learned Counsel appear ing on behalf of the petitioner is that as allegations were made against the Super intendent of Police, District Magistrate and the Additional District Magistrate, Fatehpur and accordingly the investiga tion by the Additional Superintendent of Police, Fatehpur, respondent No. 7, was wholly uncalled for. From the statement made in para graph 15 of the counter- affidavit it ap pears that the aforesaid officers have al ready been transferred. Further we are of the view that if the police report is alleged to be vitiated-on account of bias or causes otherwise prejudice then it is open for the informant to take recourse of the provisions of the Code of Criminal Proce dure and for the Magistrate concerned to take cognizance, if the materials on record justify taking of cognizance. In the aforesaid background we are of the view that it is not a fit case in which the reliefs claimed for should be granted. Before parting it is clarified that any observation made in this order shall not be construed to mean by the petitioner any expression of our view on merits.
(3.) WITH these observations this writ petition is dismissed. The office is directed to hand over a copy of this order within two weeks to Sri Mehrotra, learned A. G. A. , for its com munication to the authority concerned. Petition dismissed. .;